beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 4, 2008, Han Bank Co., Ltd. lent 14,570,000,000 won interest rate of 16.5% per annum, the due date of repayment on March 4, 201, and 21% interest rate of delay. The Plaintiff was transferred from Han Bank each of the above loan claims amounting to 300,000,000,000 won on April 23, 2008, and 270,000,000,000 won on May 23, 2008, and 20,000,000,000 won on June 10, 2008, and interest and delay damages thereon.
B. On July 21, 2010, A agricultural partnership (corporate registration No. B; hereinafter “A”) entered into a contract for joint and several sureties’s obligation to obtain the transfer money stated in the above paragraph (a) against the Plaintiff of Dabio Co., Ltd. (hereinafter “instant joint and several sureties contract”).
C. On January 26, 2011, a cooperative: (a) paid in kind (hereinafter “instant accord and satisfaction contract”) to the Defendant with respect to D Forest No. 4,996,335 square meters (hereinafter “the instant forest”); and (b) according to such accord and satisfaction contract, a cooperative completed the registration of ownership transfer to the Defendant on January 27, 201 as the receipt of Macheon District Court’s Macheon Branch Office (23254 on January 27, 2011) on the instant forest on the ground of sale and purchase on January 26, 2011.
The E and F, a creditor of the A Association, sought revocation of a fraudulent act by the Seoul Central District Court 2012Gahap524927 on the ground that the joint and several guarantee contract in this case against the Plaintiff of the A Association was a fraudulent act with its claim against the A Association as the preserved claim. On May 1, 2013, the said court rendered a judgment revoking the joint and several guarantee contract in this case on the ground that it was a fraudulent act, and the said judgment became final and conclusive on September 12, 2013 by the Plaintiff who was the Defendant of the instant case.
E. From November 9, 2013, E and F are based on each of the above Seoul Central District Court Decision 2012 Gohap524927, which was the preserved claim for revocation of fraudulent act, to the Defendant.